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Home My WebLink About20201457 Ver 1_PCN Cover Letter_2020-10-12_20201013 WithersRavenel Our People. Your Success. 219 Station Road, Suite 101 | Wilmington, NC 28405 t: 910.256.9277 | www.withersravenel.com | License No. C-0832 Asheville | Cary | Greensboro | Pittsboro | Raleigh | Wilmington October 12, 2020 NC‐Division of Water Resources 401 & Buffer Permitting Unit Attn: Mr. Paul Wojoski 1617 Mail Service Center Raleigh, North Carolina 27699 Re: Durham‐Hillandale Road Bicycle‐Pedestrian Corridor (NCDOT TIP No. U‐4726HN) Neuse River Riparian Buffer Authorization Request WR# 06160575.00 Dear Mr. Wojoski, On behalf of the City of Durham, we are requesting Buffer Compliance from the NCDWR for 2,588 sq ft of permanent buffer impacts and 1,189 sf of temporary buffer impacts for construction of a sidewalk and multiuse path along Hillandale Road. Please note that there are no stream or wetland impacts associated with the project and therefore 404/401 permits are not required. The project is a Bicycle‐Pedestrian Corridor, beginning at the I‐85 interchange with Hillandale Road (Lat: 36.013195°N, Long: ‐78.936532°W), extending south for 1.1 miles along both the east and west sides of Hillandale Road, to the southern terminus at the Hwy 70 Business interchange with Hillandale Road (Lat: 36.016401°N, Long:‐78.937722°W) in Durham, Durham County. The project is located within the Neuse River Basin (HUC: 03020201) and crosses Ellerbe Creek (Stream Index: 27‐5‐(0.3); Water Quality Classification: WS‐V; NSW). Proposed Project The purpose of the proposed project is to construct dedicated a sidewalk and multiuse path to provide improve safety for pedestrian and bicycle travel along Hillandale Road, which is busy road in Durham. The proposed project consists of construction of a 5‐ft wide sidewalk on the west side of Hillandale Road and a 10‐ft wide multi‐use path along the east side of Hillandale Road through the Hillandale Golf Course. The proposed sidewalk and multiuse path will be constructed over the existing 22’ x 7’ arch culvert over Ellerbe Creek, and extension of the culvert is not required and therefore there will not be any impacts to Ellerbe Creek for the proposed project. Project History WithersRavenel completed a delineation for the entire alignments of the proposed sidewalk and multiuse path in November 2017. There are no wetlands within the proposed alignments. The only jurisdictional feature within the alignment is Ellerbe Creek, which is subject to 50’ Neuse River Riparian Buffers. There are no proposed impacts to Ellerbe Creek, and therefore a formal Jurisdictional Determination from the USACE was not requested. WithersRavenel Our People. Your Success. Page 2 of 4 Ellerbe Creek is subject to Neuse River Riparian Buffers, and therefore a formal Buffer Determination from NCDWR was not requested. Construction of the proposed project will require impacts within an existing conservation easement along Ellerbe Creek associated with the NCDMS Ellerbe Creek (G) Hillandale #127 Mitigation Site, which is managed by NCDEQ’s Stewardship Program. The City of Durham coordinated with the Interagency Review Team (IRT) and NCDMS for approval of the encroachment into the conservation easement resulting in the take of 6,142 sf of conservation easement. The City of Durham’s Final Proposal proposed to provide compensation for the loss of conservation easement at a 2:1 ratio, resulting in the payment of 12,284 buffer credits to NCDMS. The concurrence letter from NCDEQ Stewardship program, which includes the “Final Summary Memo for Proposal for Impacts to Conservation Easement”, documenting that the encroachment into the has been approved has been provided as an attachment to this application. The NCDMS mitigation invoice for the required 12,284 sf of buffer credits has been provided as an attachment. Per the Final Summary Memo, the payment of the 12,284 sf of buffer credits will be completed prior to the IRT release of the easement and is required prior to issuance of the Buffer Authorization by NCDWR. The City of Durham is in the process of making payment to NCDMS, and a copy of the NCDMS payment receipt will be provided to NCDWR once received. Please note that purchase of the 12,284 sf of buffer credits is required for encroachment into the conservation easement and not for the proposed riparian buffer impacts for the proposed project, as the proposed impacts are classified as “Allowable Upon Authorization” in the June 2020 Neuse River Riparian Buffer Rules. Proposed Impacts The proposed impacts consist of 2,588 sf of permanent buffer impacts (Z1: 1,398 sf; Z2: 1,201 sf) and 1,189 sf of temporary buffer impacts (Z1: 599 sf; Z2: 590 sf). The proposed 2,588 sf of permanent buffer impacts will occur from the construction of a 5‐ft wide sidewalk on the west side of Hillandale Road and a 10‐ft wide multi‐use path along the east side of Hillandale Road, as well as the construction of stormwater drainage outfalls. The proposed impacts from the sidewalk and multiuse path is classified as “Allowable upon Authorization” in the Table of Uses (Sub‐Item (11)(j)(iii) since both are equal to or less than 10‐ft wide with 2‐ft shoulders. The proposed stormwater drainage outfalls will collect existing roadside drainage in a pipe and will outfall within the buffer. Please note that these roadside ditches currently outfall into the buffer and Ellerbe Creek through riprap swales down the slope, which have significant erosion and have caused sedimentation within the buffers and Ellerbe Creek. The proposed project will collect the drainage from the roadside swales and transport it under the sidewalk and multiuse path and outfall into riprap dissipators before flowing into the buffers. The proposed buffer impacts from the stormwater drainage outfalls are classified as “Allowable upon Authorization” per Sub‐Item (9)(b)(viii) in the Neuse River Riparian Buffer Rules (June 2020). The proposed sidewalk and multiuse path will be constructed over the existing 22’ x 7’ arch culvert over Ellerbe Creek, and extension of the culvert is not required and therefore there will not be any impacts to Ellerbe Creek for the proposed project. WithersRavenel Our People. Your Success. Page 3 of 4 Temporary buffer impacts are necessary for access during construction due to the existing slopes. Per the Final Summary Memo approved by the IRT, the temporary buffer impact areas will be re‐ vegetated matching the existing conditions. This includes reestablishing grass cover in areas of existing grass cover, and restoration of any removed trees at a 1:1 ratio using ball & burlap trees matching the species that was removed. Avoidance and Minimization Direct impacts to Ellerbe Creek have been avoided in entirety, avoiding the need for Section 404 permitting action by the USACE. The design of the sidewalk and multiuse path minimized buffer impacts by aligning them as close to the existing Hillandale Road as possible. Impacts to the riparian buffer have been minimized to provide only necessary square footage to construct the bicycle/pedestrian improvement, with consideration for the following necessary requirements:  Minimal width (per ADA requirements)  Construction materials required for proper construction  Construction techniques and equipment required for proper construction  Traffic considerations and temporary closures Construction activities will be primarily conducted from the project construction corridor and existing roadway/sidewalk, extending into the easement and buffer from high ground, minimizing impacts. Construction activities will be conducted under an Erosion and Sediment Control Plan, which will be submitted for approval by the appropriate agencies prior to initiating construction activities and implemented throughout the project. Construction activities will be conducted utilizing equipment suitable for the required action and consistent with typical sidewalk transportation projects. Mitigation The proposed buffer impacts are classified as “Allowable upon Authorization” and therefore, buffer mitigation is not required. The current request is for 2,588 sq ft of permanent buffer impacts and 1,189 sf of temporary buffer impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist WithersRavenel Our People. Your Success. Page 4 of 4 Attachments:  Agent Authorization  Aerial Exhibit  Aerial‐Topo Exhibit  Delineation Exhibit  USGS Quad Maps  Durham County Soil Survey  Recorded Plat  NCDOT CATEX Approval Letter  NCDEQ Stewardship Program Concurrence Letter for Conservation Area Encroachment  NCDMS Mitigation Invoice for Conservation Area Encroachment